<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2025 (8) TMI 83 - CESTAT KOLKATA</title>
    <link>https://www.taxtmi.com/caselaws?id=775896</link>
    <description>The CESTAT Kolkata held that the appellant&#039;s reversal of CENVAT credit under Rule 3(5B) of the CENVAT Credit Rules, 2004, upon writing off capital goods, was valid. Interest demand for the period before 01.03.2013 was unsustainable as the recovery provision was introduced only from that date and cannot be applied retrospectively. For reversals after 01.03.2013, interest was not payable since the appellant had sufficient CENVAT credit balance to cover the liability, indicating no wrongful utilization. Consequently, the penalty imposed alongside interest was also set aside. The impugned order was reversed, and the appeal was allowed.</description>
    <language>en-us</language>
    <pubDate>Wed, 30 Jul 2025 00:00:00 +0530</pubDate>
    <lastBuildDate>Sat, 02 Aug 2025 07:24:55 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=840417" rel="self" type="application/rss+xml"/>
    <item>
      <title>2025 (8) TMI 83 - CESTAT KOLKATA</title>
      <link>https://www.taxtmi.com/caselaws?id=775896</link>
      <description>The CESTAT Kolkata held that the appellant&#039;s reversal of CENVAT credit under Rule 3(5B) of the CENVAT Credit Rules, 2004, upon writing off capital goods, was valid. Interest demand for the period before 01.03.2013 was unsustainable as the recovery provision was introduced only from that date and cannot be applied retrospectively. For reversals after 01.03.2013, interest was not payable since the appellant had sufficient CENVAT credit balance to cover the liability, indicating no wrongful utilization. Consequently, the penalty imposed alongside interest was also set aside. The impugned order was reversed, and the appeal was allowed.</description>
      <category>Case-Laws</category>
      <law>Central Excise</law>
      <pubDate>Wed, 30 Jul 2025 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=775896</guid>
    </item>
  </channel>
</rss>